Certain marriages that are unlawful in Massachusetts are subject to annulment by court order. This post reviews the differences between state court civil annulments and religious annulments through the Catholic Church.
Additionally, the post examines the differences between annulment and divorce. When a Probate and Family Court annuls a marriage, it finds that no legal union ever existed.
Marriages of consanguinity or affinity and bigamous unions are prohibited by statute without need of a court order. Neither a man nor a woman can legally marry a parent, stepparent, grandparent, child, grandchild, sibling, aunt, uncle, niece or nephew.
Some marriages are not void, but they are voidable. This means a spouse may petition the court to undo the marriage because of a defect existing at its outset, although the state will allow you to stay married if you so choose. For instance, the Court may invalidate a marriage if one spouse was under age 18 when the ceremony occurred and lacked parental permission. A party who enters into matrimony under threat, duress or coercion may seek to invalidate the union.
Likewise, a marriage induced for a fraudulent purpose is voidable. Like divorce, annulment proceedings commence in the Probate and Family Court. Divorce dissolves a legal union. Annulment determines no marriage between the parties ever existed.
A spouse, though, has little recourse in preserving a marriage that a spouse seeks to terminate by divorce. An annulment erases a marriage, leaving the parties with the same legal rights and responsibilities they held before their union was voided. Divorce also involves issues like spousal support and a division of marital property. Just as annulment and divorce are different, so too are civil and religious annulments. Although various forms of religious annulment exist, here we explore religious annulment in the Catholic Church.
Following a civil divorce, a religious annulment may be pursued in the Roman Catholic Church. Doing so both removes any shame the former spouse may have over the failed marriage. It also enables the party to remarry in a Catholic Church-sanctioned ceremony.
A religious annulment granted by a Catholic Church tribunal, however, does not legally terminate a marriage. It merely allows the former couple to remarry within the faith. A valid Catholic marriage involves several components, according to the U. Conference of Catholic Bishops. First, the individuals must be unattached and able to marry each other. Also, the parties must be able and willing to consent to the union. They must view this union as a lifetime commitment.
Additionally, the couple must be faithful to each other and amenable to having children. A religious annulment is entirely separate from a civil action of divorce or annulment. Religious annulments in the Catholic faith are governed by Canon Law. The civil divorce or civil annulment is complete before the religious annulment process begins. More information about the process can be obtained directly through your place of worship.
Online resources may also serve as a guide. For many Catholics, these changes will help to alleviate part of the stress that comes with filing for divorce. For additional information regarding the amendments to the Catholic annulment process, please read the full-text article provided in the link above. By: Elizabeth A. A person cannot know today if they might want to marry in the future when crucial witnesses may be deceased or their own memories may have dimmed.
The Catholic Church respects the marriages of non-Catholics and presumes that they are valid. Thus, for example, it considers the marriages of two Protestant, Jewish, or even nonbelieving persons to be binding for life.
Marriages between baptized persons, moreover, are considered to be sacramental. The Church requires a declaration of nullity in order to establish that an essential element was missing in that previous union that prevented it from being a valid marriage, and thus the intended spouse is free to marry. This is often a difficult and emotional issue. Couples in this situation may find it helpful to talk with a priest or deacon.
To go through the process can be a sign of great love of the non-Catholic for the intended spouse. You should not set a date until the tribunal's decision has been finalized. First, the petition may not be granted.
Second, even if the petition is eventually granted, there may be unexpected delays in the process, e. Pope Francis has asked dioceses whenever possible to provide their tribunal services free of charge. Depending upon how much your diocese is able to subsidize the work of its tribunal, you may be asked to pay a nominal fee. You may also be asked to make a donation following the completion of your case. Fees are typically payable over time and may be reduced or even waived in cases of financial difficulty.
Other expenses may be incurred when consultation with medical, psychological, or other experts is needed, or if you obtain the services of a private canon lawyer to represent you. Your parish can provide the information and forms that you need to get started. Your local diocesan marriage and family life office can be of assistance as well. Marriage and Family Life Ministries Annulment. Do more for your marriage!
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